San Jose Guardianship Attorney

Helping You Protect Your Loved Ones

Are you concerned for the safety and well-being of a minor or dependent adult? If you have reason to believe that a child or adult is in danger, you can take legal action. At the Law Offices of Nick Cvietkovich, we are dedicated to helping families in crisis. Our San Jose guardianship lawyer is experienced, compassionate, and ready to help you navigate the legal process. We understand that this is a challenging time for you, and we are here to provide the guidance and support you need.

Our firm is ready to help you with every step of the guardianship process. Call us at (408) 844-4016 or online to get started with a consultation.

What Is a Legal Guardian?

A legal guardian is an individual who is appointed by the court to care for and make decisions on behalf of a minor or dependent adult. A guardian is responsible for the person, meaning that they are in charge of the individual’s well-being, safety, and care. A conservator, on the other hand, is responsible for the person’s estate and finances, but not the person.

There are several types of guardianships, including:

• Guardianship of the person
• Guardianship of the estate
• Guardianship of the person and estate

A guardian can be appointed for a minor or dependent adult. This individual can be a relative, such as a grandparent or sibling, or a non-relative, such as a close family friend or neighbor. In some cases, the court may appoint a professional guardian.

When Is a Guardianship Necessary?

There are several situations in which a guardianship may be necessary. The most common is when a parent is unable to care for their child due to substance abuse, incarceration, abuse, or neglect. In other cases, a child may have significant assets that need to be protected, such as an inheritance. A child may also need a guardian if their parents are temporarily unable to care for them due to an illness, injury, or military service.

Adults may also need a guardian if they are unable to care for themselves due to a mental or physical disability. If there is no power of attorney in place, a guardian may need to be appointed to make medical or financial decisions on behalf of the individual.

How to Become a Guardian

Whether you are a family member or concerned individual, you can take action to protect a child or adult. The first step is to file a petition with the court. The court will then determine whether a guardianship is necessary and if so, who should be appointed as the guardian.

If you are seeking to become a guardian of a child, you must usually notify the child’s parents and other relatives. If you are seeking to become a guardian of an adult, you must usually notify the individual, their spouse or domestic partner, their children, and other close relatives. You will also be required to provide proof of proper identification and pay a fee.

The court will then consider several factors when deciding whether to grant a guardianship, including the best interests of the child or adult. In some cases, the court may determine that a guardianship is not necessary or that a different individual should be appointed as the guardian. If you are appointed as the guardian, you will need to complete a training course and be sworn in. You will then be issued “Letters of Guardianship” that give you the legal authority to act on behalf of the child or adult.

How a Guardianship Lawyer Can Help

The guardianship process can be complicated and time-consuming. At the Law Offices of Nick Cvietkovich, we are here to help you with every step. Our San Jose guardianship attorney can help you complete all necessary paperwork, gather the required supporting documentation, and prepare your case for court. We can also represent you in court hearings and help you navigate any challenges or disputes that arise.

How to Terminate a Guardianship

In some cases, a guardianship may need to be terminated. This can occur if the child or adult no longer needs a guardian or if the guardian is no longer able to fulfill their duties. In some cases, the guardian or another individual may also file a petition to remove the guardian.

Terminating a guardianship can be a complex process. At the Law Offices of Nick Cvietkovich, we can help you understand your options and guide you through the process. Whether you are seeking to terminate a guardianship or remove a guardian, we can help you take legal action.

How Our San Jose Guardianship Lawyer Can Help

At the Law Offices of Nick Cvietkovich, we are dedicated to helping families in crisis. We understand that this is a challenging time for you, and we are here to provide the guidance and support you need. Our San Jose guardianship attorney has a proven track record of success and can help you seek the best possible outcome. We will be available to answer your questions and address your concerns every step of the way.

Our firm is ready to help you with every step of the guardianship process. Call us at (408) 844-4016 or online to get started with a consultation.